Yesterday, the Wisconsin Supreme Court issued its long-awaited decision in UFCW v. Hormel Foods Corp., 2016 WI 13 (March 1, 2016). Unfortunately, many are wondering if the decision will provide useful guidance for Wisconsin employers on the application of two significant wage and hour concepts: (i) whether certain activities are preliminary and/or postliminary, such that the activities need not be included in an employee’s work time for compensation purposes, and (ii) does Wisconsin recognize the de minimis doctrine, and when would (or might) time spent in an otherwise compensable activity be deemed de minimis so that the time need not be compensated? Before turning to how the Wisconsin Supreme Court dealt with these two concepts, a basic understanding of the underlying case facts and issues is necessary.
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